BILL NUMBER: SCR 89 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Galgiani
AUGUST 27, 2015
Relative to chaplains in state service.
LEGISLATIVE COUNSEL'S DIGEST
SCR 89, as introduced, Galgiani. Chaplains in state service.
This measure would commend the Associated Chaplains in California
State Service for its continued efforts over the years to bring the
various faith communities together in a common purpose to maintain
and upgrade the professional chaplaincy and to assist the state
departments in their various missions to effect rehabilitation,
guidance, and service to those entrusted to their care.
Fiscal committee: no.
WHEREAS, The First Amendment to the Constitution of the United
States guarantees the exercise of religious freedom; and
WHEREAS, The Fourteenth Amendment to the Constitution of the
United States guarantees the exercise of religious civil rights and
freedom of religion; and
WHEREAS, The Religious Land Use and Institutionalized Persons Act
prohibits the imposition of burdens on the ability of prisoners'
religious practices; and
WHEREAS, Recent United States Supreme Court decisions have
affirmed the right of institutionalized persons to practice the
religion of their choice; and
WHEREAS, The California Constitution guarantees the exercise and
enjoyment of religious freedom without discrimination or preference;
and
WHEREAS, Section 5009 of the Penal Code provides that all
prisoners shall be afforded reasonable opportunities to exercise
religious freedom; and
WHEREAS, Section 3210 of Title 15 of the California Code of
Regulations establishes that the State of California shall make every
reasonable effort to provide for the religious and spiritual welfare
of inmates; and
WHEREAS, Inmates, patients, and wards within state institutions,
due to the nature of their confinement, present a unique challenge to
those who undertake ministry in an effort to satisfy their residents'
constitutional guarantee to freely exercise the religion of their
choice; and
WHEREAS, Chaplains provide many vital services within a
challenging environment behind prison walls; and
WHEREAS, The professional care supplied to the correctional
community by chaplains addresses many specific needs of a diverse
population and aids in the orderly operation of the facilities; and
WHEREAS, Chaplains help diffuse emotional and potentially volatile
situations, as well as provide counseling in the areas of spiritual
development, grief management, and relationship enhancements; and
WHEREAS, Pastoral services provided by chaplains provide
incarcerated persons the opportunity to participate in religious
expression; and
WHEREAS, Chaplains supervise volunteers that enrich the religious
services and rehabilitative efforts of each facility, giving
administrative guidance in matters pertaining to religious expression
for a large number of faiths; and
WHEREAS, Chaplains are the spiritual advisers for those who live
and work within the closed sociological system of inmates, patients,
wards, and institutional staff; and
WHEREAS, Chaplains are fully qualified and ecclesiastically
endorsed by their denominational faith group in order to be
considered an imam, minister, priest, rabbi, or Native American
spiritual leader in the institutional setting; and
WHEREAS, A chaplain must demonstrate a strong, intellectual,
moral, and spiritual character; and
WHEREAS, Chaplains have a specialized training relating to the
religious needs of inmates, patients, or wards who often have complex
physical or mental disorders, or developmental, moral, or character
impairments; and
WHEREAS, Anger, grief, confusion, suffering, and ignorance are a
common reality among the inmates, patients, and wards in our
institutions; and
WHEREAS, Suicide, homicide, and drugs have taken too many lives
among inmates, wards, and residents in the institutional setting; and
WHEREAS, Chaplains, through spiritual counseling, crisis
management, and practical advice, offer encouragement and assistance
in dealing with these problems; and
WHEREAS, Inmates, patients, and wards within state institutions
have a need for competent and trusted full-time chaplains to turn to
in time of loss, crisis, and confusion; and
WHEREAS, Experts have found that religion is a crucial part of
effective treatment and behavior modification; and
WHEREAS, The Columbia University Center for Addiction and
Substance Abuse reports that the best predictor and motivational
factor for recovery is whether a person practices a religion; and
WHEREAS, Since 1957, the State of California has seen fit to
employ on a full-time basis professional chaplains reflecting a
variety and diversity of faith groups represented throughout our
great State of California; now, therefore, be it
Resolved by the Senate of the State of California, the Assembly
thereof concurring, That the Legislature hereby commends the over 60
years of work and effort by California State Chaplains who labor
faithfully within the Department of Corrections and Rehabilitation,
the State Department of Developmental Services, the State Department
of State Hospitals, and the Department of Veterans Affairs; and be it
further
Resolved, That the Legislature commends the professional
association created in 1967 called the Associated Chaplains in
California State Service for its continued efforts over the years to
bring the various faith communities together in a common purpose to
maintain and upgrade the professional chaplaincy, to help their
brothers and sisters, and to assist the state departments in their
various missions to effect rehabilitation, guidance, and service to
those entrusted to their care; and be it further
Resolved, That the Secretary of the Senate transmit copies of this
resolution to the author for appropriate distribution.